HomeMy WebLinkAboutA001 - Council Action Form dated January 7, 1992 APT
ITEM #:
DATE: / 7/92 A.
COUNCIL ACTION FORM
SUBJECT:
Motion to Set January 28, 1992 as the date of Public Hearing to Consider a
Technical Amendment to the Zoning Ordinance Regarding Fuel Pump Canopies.
ACTION FORM SUMMARY: This is a technical amendment to the Zoning
Ordinance which eliminates the requirement for an internal drainage
system connected to the storm sewer for a fuel pump canopy and it
eliminates the restriction on advertising on the fuel pump canopy.
Approval of this technical amendment is recommended by the Planning and
Zoning Commission and City staff.
BACKGROUND:
A zoning ordinance code change was made in 1987, which gave a definition
for a fuel pump canopy; provided for special setbacks and height
restrictions for these canopies; disallowed advertising on the canopies; and
required that internal drainage systems be employed, which are connected
to the storm sewer. No changes are contemplated with regard to the
definition of the canopy or the setbacks or height restrictions. However,
concern has been expressed on the part of developers with regard to the
advertising restrictions and the internal drainage system.
After the new ordinance had been implemented, many of the fuel pump
canopy developers did not want to install internal drainage systems,
connected to the storm sewer, as required. Apparently this is not the
usual practice in other parts of Iowa, and the canopies are not designed to
be easily adapted to this type of requirement. Some developers have also
expressed concern about these internal drainage systems freezing up in
the winter. Originally this requirement was proposed by staff after
concern was expressed by a Zoning Board of Adjustment member that
surface discharge may result in icy and wet conditions where people walk
and drive.
This 1987 ordinance change also disallowed advertising on the canopy
structure, which was based on a concern that the canopy may be used for
a multiplicity of product advertising, causing a cluttered appearance.
This restriction on advertising, however, has proven to be a difficulty
since most fuel pump canopies are pre-made with the franchise or fuel
product name or logo incorporated into the design, which constitutes
advertising.
PRF
ANALYSIS:
Section 29.(2)(47) currently reads as follows:
(47) Canopy-fuel pump. A structure with a roof-like cover that is
free-standing or projects from an automobile service station or
convenience store with gas pumps for the protection of custom-
ers using the fuel pumps. Said canopy shall have a minimum
clearance of fourteen (14) feet and a maximum height of
eighteen (18) feet. No advertising shall be allowed on the
canopy. The canopy shall employ an internal drainage system
which shall discharge into the storm water drainage system.
No discharge shall drain across any pedestrian walkway,
parking area or driveway.
Staff believes that the second sentence in this definition should be re-
moved from the definition and be placed under the Bulk Regulations in
Section 29.22, the G-C General Commercial District, and Section 29.25, the
G-I General Industrial District. This is a more appropriate location for
height restrictions.
Staff is also proposing the elimination of the requirement for an internal
drainage system connected to the storm sewer from the zoning ordinance.
This requirement has proven to be a difficulty for many developers of fuel
pump canopies. The elimination of this requirement will not prevent those
developers, who choose to provide this additional amenity from doing so,
however, it will allow development without the system if it is desired.
(Note: the Zoning Board of Adjustment recently granted a variance to the
requirement for an internal drainage system connected to the storm
sewer.)
The restriction on advertising on the canopy should be eliminated from the
ordinance because it is causing more problems than it was intended to
solve. Most new canopies are designed by the fuel product company or
the franchise to include a product name, a franchise name or a logo, and
it is difficult to eliminate these from the design.
The proposed ordinance changes, consistent with the comments above, are
attached to this Commission Action Form.
The Planning and Zoning Commission reviewed this request at their meeting
of December 18, 1991 and recommended that it be approved.
ALTERNATIVES:
1. The City Council can approve of the Technical Amendment to the
Zoning Ordinance as attached and set January 28, 1992 as the date
of Public Hearing on this request.
2. The City Council deny approval of the Technical Amendment to the
Zoning Ordinance as attached and set January 28, 1992 as the date
of Public Hearing on this request.
3. The City Council can table this request for additional information
from City Staff.
PW
3
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #1. This will approve of the technical amendment which will
eliminate the requirement for an internal drainage system, connected to a
storm sewer, for a fuel pump canopy and the elimination of the restriction
preventing advertising on a fuel pump canopy, and set January 28, 1992
as the date of Public Hearing on this request.
Attachment
y\bpo\caf\fue1.107